Washington State Court Holds That Amazon Can Be Held Liable for Providing Suicide Kits

The families of two young men have filed a lawsuit against Amazon, alleging that the company sold so-called “suicide kits,” which the men used to take their own lives. Amazon asked the courts to dismiss the lawsuit, but their motion was denied on January 19, 2024.

What is the suicide kit wrongful death lawsuit against Amazon?

Tyler Muhleman, age 17, and Mikael Scott, age 27, both died after consuming sodium nitrate and cimetidine, both ordered from the Amazon website. The young men’s families filed a wrongful death lawsuit against Amazon on December 12, 2022.

The lawsuit alleges that Amazon continued to sell sodium nitrate even after being warned it was being used by children to commit suicide. Regulators also warned Amazon that the sodium nitrate they sold has no household use.

The New York Times reports that users were commenting on Amazon’s site as early as 2019, warning the company that people were using the compound to die by suicide. They note:

Since then, suicides linked to sales of the preservative through Amazon have continued. The New York Times identified 10 people who had killed themselves using the chemical compound after buying it through the site in the past two years, including a 16-year-old girl in Ohio, a pair of college freshmen in Pennsylvania and Missouri, and a 27-year-old in Texas whose mother has filed a wrongful-death suit against Amazon. Enough people purchased the preservative to attempt suicide that the company’s algorithm began suggesting other products that customers frequently bought along with it to aid in such efforts.

What is a suicide kit?

These suicide kits, per Enjuris, are made up of the following items:

• Sodium nitrite. Sodium nitrite is an inorganic compound that can cause headaches, nausea, vomiting, diarrhea, and abdominal pain. If taken in large doses, sodium nitrite can cause death.
• Cimetidine. Cimetidine (sold under the brand name “Tagamet”) is a drug used to treat acid reflux and other stomach issues. Cimetidine can be used to prevent vomiting that may occur when sodium nitrite is ingested.
• Personal-use scale. A personal-use scale can be used to measure the amount of sodium nitrite necessary for the dose to be lethal.
• Peaceful Pill Handbook. The Peaceful Pill Handbook is a book that contains a chapter with clear instructions on how to administer sodium nitrite and cimetidine together to cause death.

Sodium nitrate is a food additive in small doses, like what you would find in deli meat, but in large doses the compound can be fatal. Enjuris notes that the sodium nitrate Amazon sold was 98% pure.

Further, per court documents, at the time of the lawsuit, all of these items could be purchased on Amazon, and in some cases the retail giant “bundled” or “recommended” these items be bought together.

What are the symptoms of sodium nitrate poisoning?

The signs and symptoms of sodium nitrate poisoning include:

• Shortness of breath
• Headaches
• Fatigue
• Nausea
• Rapid heart rate
• Loss of consciousness
• Confusion
• Dizziness
• Blue color on the skin and lips
• Diarrhea and pain in the belly

If you suspect someone has taken sodium nitrate, call 911 right away.

The question – can Amazon be held liable for these deaths?

Courts have long tried to decide whether online marketplaces like Amazon or eBay can be held liable for selling products directly or through a third party.

For example, in 2020, the Ohio Supreme Court ruled that Amazon couldn’t be held liable for a teenager’s death from ingesting caffeine power. Per Courthouse News Service, “Logan Stiner, a high school wrestler just days from graduation, was found dead in his home southwest of Cleveland in May 2014. The coroner later determined that the 18-year-old died of cardiac arrhythmia and seizure from acute caffeine toxicity, caused by his ingestion of caffeine powder marketed as a pre-workout boost.”

The court found that Amazon did not meet Ohio’s definition of a “supplier” under state product liability laws because the retail company never possessed control of the product – and therefore could not be held responsible.

Then again, in another 2020 case, a California court ruled that Amazon could indeed be found liable for damages caused by a defective laptop battery, causing a woman to suffer third-degree burns. CNBC notes that “The ruling deals a major blow to Amazon, which has for years successfully fought off lawsuits that try to place liability on the company for faulty products sold through its site that cause injury and property damage.”

We believe the parents who filed the wrongful death lawsuit may have a strong case, especially because sodium nitrate serves no household purpose other than to assist in suicide.

If you or someone you love is having suicidal thoughts, please call the National Suicide and Crisis Lifeline at 988. The hotline is available 24 hours a day, seven days a week.

If you or a family member was injured or killed by a defective product, talk to the South Carolina wrongful death lawyers at McGowan, Hood, Felder & Phillips, LLC. We want to help you secure justice and compensation for your damages and losses. To make an appointment to talk to an experienced and compassionate attorney at one of our offices across South Carolina, call us or fill out our contact form. The consultation is free.